2022 -- H 7473

========

LC004446

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

____________

A N   A C T

RELATING TO EDUCATION - THE EDUCATION EQUITY AND PROPERTY TAX RELIEF

ACT

     

     Introduced By: Representatives Alzate, Felix, Batista, Diaz, and McNamara

     Date Introduced: February 11, 2022

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Section 16-7.2-6 of the General Laws in Chapter 16-7.2 entitled "The

2

Education Equity and Property Tax Relief Act" is hereby amended to read as follows:

3

     16-7.2-6. Categorical programs, state funded expenses.

4

     In addition to the foundation education aid provided pursuant to § 16-7.2-3, the permanent

5

foundation education-aid program shall provide direct state funding for:

6

     (a) Excess costs associated with special education students. Excess costs are defined when

7

an individual special education student's cost shall be deemed to be "extraordinary." Extraordinary

8

costs are those educational costs that exceed the state-approved threshold based on an amount

9

above five times the core foundation amount (total of core-instruction amount plus student success

10

amount). The department of elementary and secondary education (department) shall prorate the

11

funds available for distribution among those eligible school districts if the total approved costs for

12

which school districts are seeking reimbursement exceed the amount of funding appropriated in

13

any fiscal year; and the department of elementary and secondary education shall also collect data

14

on those educational costs that exceed the state-approved threshold based on an amount above two

15

(2), three (3), and four (4) times the core-foundation amount;

16

     (b) Career and technical education costs to help meet initial investment requirements

17

needed to transform existing, or create new, comprehensive, career and technical education

18

programs and career pathways in critical and emerging industries and to help offset the higher-

 

1

than-average costs associated with facilities, equipment maintenance and repair, and supplies

2

necessary for maintaining the quality of highly specialized programs that are a priority for the state.

3

The department shall develop criteria for the purpose of allocating any and all career and technical

4

education funds as may be determined by the general assembly on an annual basis. The department

5

of elementary and secondary education shall prorate the funds available for distribution among

6

those eligible school districts if the total approved costs for which school districts are seeking

7

reimbursement exceed the amount of funding available in any fiscal year;

8

     (c) Programs to increase access to voluntary, free, high-quality pre-kindergarten programs.

9

The department shall recommend criteria for the purpose of allocating any and all early childhood

10

program funds as may be determined by the general assembly;

11

     (d) Central Falls, Davies, and the Met Center Stabilization Fund is established to ensure

12

that appropriate funding is available to support their students. Additional support for Central Falls

13

is needed due to concerns regarding the city's capacity to meet the local share of education costs.

14

This fund requires that education aid calculated pursuant to § 16-7.2-3 and funding for costs outside

15

the permanent foundation education-aid formula, including, but not limited to, transportation,

16

facility maintenance, and retiree health benefits shall be shared between the state and the city of

17

Central Falls. The fund shall be annually reviewed to determine the amount of the state and city

18

appropriation. The state's share of this fund may be supported through a reallocation of current state

19

appropriations to the Central Falls school district. At the end of the transition period defined in §

20

16-7.2-7, the municipality will continue its contribution pursuant to § 16-7-24. Additional support

21

for the Davies and the Met Center is needed due to the costs associated with running a stand-alone

22

high school offering both academic and career and technical coursework. The department shall

23

recommend criteria for the purpose of allocating any and all stabilization funds as may be

24

determined by the general assembly;

25

     (e) Excess costs associated with transporting students to out-of-district non- public schools.

26

This fund will provide state funding for the costs associated with transporting students to out-of-

27

district non-public schools, pursuant to chapter 21.1 of this title. The state will assume the costs of

28

non-public out- of-district transportation for those districts participating in the statewide system.

29

The department of elementary and secondary education shall prorate the funds available for

30

distribution among those eligible school districts if the total approved costs for which school

31

districts are seeking reimbursement exceed the amount of funding available in any fiscal year;

32

     (f) Excess costs associated with transporting students within regional school districts. This

33

fund will provide direct state funding for the excess costs associated with transporting students

34

within regional school districts, established pursuant to chapter 3 of this title. This fund requires

 

LC004446 - Page 2 of 7

1

that the state and regional school district share equally the student transportation costs net any

2

federal sources of revenue for these expenditures. The department of elementary and secondary

3

education shall prorate the funds available for distribution among those eligible school districts if

4

the total approved costs for which school districts are seeking reimbursement exceed the amount

5

of funding available in any fiscal year;

6

     (g) Public school districts that are regionalized shall be eligible for a regionalization bonus

7

as set forth below:

8

     (1) As used herein, the term "regionalized" shall be deemed to refer to a regional school

9

district established under the provisions of chapter 3 of this title, including the Chariho Regional

10

School district;

11

     (2) For those districts that are regionalized as of July 1, 2010, the regionalization bonus

12

shall commence in FY 2012. For those districts that regionalize after July 1, 2010, the

13

regionalization bonus shall commence in the first fiscal year following the establishment of a

14

regionalized school district as set forth in chapter 3 of this title, including the Chariho Regional

15

School District;

16

     (3) The regionalization bonus in the first fiscal year shall be two percent (2.0%) of the

17

state's share of the foundation education aid for the regionalized district as calculated pursuant to

18

§§ 16-7.2-3 and 16-7.2-4 in that fiscal year;

19

     (4) The regionalization bonus in the second fiscal year shall be one percent (1.0%) of the

20

state's share of the foundation education aid for the regionalized district as calculated pursuant to

21

§§ 16-7.2-3 and 16-7.2-4 in that fiscal year;

22

     (5) The regionalization bonus shall cease in the third fiscal year;

23

     (6) The regionalization bonus for the Chariho regional school district shall be applied to

24

the state share of the permanent foundation education aid for the member towns; and

25

     (7) The department of elementary and secondary education shall prorate the funds available

26

for distribution among those eligible regionalized school districts if the total, approved costs for

27

which regionalized school districts are seeking a regionalization bonus exceed the amount of

28

funding appropriated in any fiscal year;

29

     (h) Additional state support for English learners (EL). The amount to support EL students

30

shall be determined by multiplying an EL factor of ten percent (10%) by the core-instruction per-

31

pupil amount defined in § 16-7.2-3(a)(1) and applying that amount of additional state support to

32

EL students identified using widely adopted, independent standards and assessments identified by

33

the commissioner. All categorical funds distributed pursuant to this subsection must be used to

34

provide high-quality, research- based services to EL students and managed in accordance with

 

LC004446 - Page 3 of 7

1

requirements set forth by the commissioner of elementary and secondary education. The

2

department of elementary and secondary education shall collect performance reports from districts

3

and approve the use of funds prior to expenditure. The department of elementary and secondary

4

education shall ensure the funds are aligned to activities that are innovative and expansive and not

5

utilized for activities the district is currently funding. The department of elementary and secondary

6

education shall prorate the funds available for distribution among eligible recipients if the total

7

calculated costs exceed the amount of funding available in any fiscal year;

8

     (i) State support for school resource officers. For purposes of this subsection, a school

9

resource officer (SRO) shall be defined as a career law enforcement officer with sworn authority

10

who is deployed by an employing police department or agency in a community-oriented policing

11

assignment to work in collaboration with one or more schools. School resource officers should have

12

completed at least forty (40) hours of specialized training in school policing, administered by an

13

accredited agency, before being assigned. Beginning in FY 2019, for a period of three (3) years,

14

school districts or municipalities that choose to employ school resource officers shall receive direct

15

state support for costs associated with employing such officers at public middle and high schools.

16

Districts or municipalities shall be reimbursed an amount equal to one-half (½) of the cost of

17

salaries and benefits for the qualifying positions. Funding will be provided for school resource

18

officer positions established on or after July 1, 2018, provided that:

19

     (1) Each school resource officer shall be assigned to one school:

20

     (i) Schools with enrollments below one thousand twelve hundred (1,200) students shall

21

require one school resource officer;

22

     (ii) Schools with enrollments of one thousand twelve hundred (1,200) or more students

23

shall require two school resource officers;

24

     (2) School resource officers hired in excess of the requirement noted above shall not be

25

eligible for reimbursement; and

26

     (3) Schools that eliminate existing school resource officer positions and create new

27

positions under this provision shall not be eligible for reimbursement; and

28

     (j) Categorical programs defined in subsections (a) through (g) shall be funded pursuant to

29

the transition plan in § 16-7.2-7.

30

     (k) State support for school-based mental and behavioral health services.

31

     (1) For a period of three (3) years, local education agencies (LEAs) shall receive direct

32

state support for costs associated with hiring mental and behavioral health professionals including,

33

but not limited to, school psychologists, social workers, or counselors. After accounting for any

34

federal funds or federal, state, or local grants received toward the costs associated with such a

 

LC004446 - Page 4 of 7

1

position, LEAs shall be reimbursed an amount equal to one-half (1/2) of the cost of salaries and

2

benefits that remain the LEA's responsibility.

3

     (2) Funding shall be provided for mental or behavioral health professional positions

4

established on or after July 1, 2022, provided that:

5

     (i) Schools choosing to hire social workers under this provision shall maintain a ratio of no

6

greater than two hundred fifty (250) students to one social worker;

7

     (ii) Schools choosing to hire school psychologists under this provision shall maintain a

8

ratio of no greater than seven hundred (700) students to one school psychologist; and

9

     (iii) Schools choosing to hire school counselors under this provision shall maintain a ratio

10

of no greater than two hundred fifty (250) students to one counselor.

11

     (3) LEAs shall not be eligible to receive reimbursement for hiring mental or behavioral

12

health professionals that would result in ratios lower than those identified in subsection (k)(2) of

13

this section, unless the LEA provides a workload analysis to the department indicating that

14

additional mental or behavioral health professionals are required to deliver all specified services to

15

students in a particular school or schools.

16

     (4) Schools or LEAs that eliminate existing mental or behavioral health positions and create

17

new positions under this provision shall not be eligible for reimbursement.

18

     (5) Schools within the same LEA may share mental or behavioral health professionals,

19

provided that:

20

     (i) The student-to-specialist ratio between the sharing schools does not exceed those in

21

subsection (k)(2) of this section; and

22

     (ii) Any shared specialists are shared between the same schools in the LEA to facilitate

23

establishing a centralized mental health team for the same student population and make

24

coordination of care more efficient.

25

     (6) By October 1, 2022, and every October 1 thereafter, the department shall report to the

26

general assembly:

27

     (i) The number and type of mental or behavioral health full-time employees (FTEs)

28

currently employed by each LEA;

29

     (ii) The number and type of mental or behavioral health FTEs serving each school; and

30

     (iii) For each partial FTE, describe the circumstances surrounding the use of a partial FTE.

31

If a partial FTE at a school or schools is the result of more than one school sharing a mental or

32

behavioral health professional, the department shall identify all schools sharing the FTE.

 

LC004446 - Page 5 of 7

1

     SECTION 2. This act shall take effect upon passage.

========

LC004446

========

 

LC004446 - Page 6 of 7

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION - THE EDUCATION EQUITY AND PROPERTY TAX RELIEF

ACT

***

1

     This act would establish state support for school-based mental health services.

2

     This act would take effect upon passage.

========

LC004446

========

 

LC004446 - Page 7 of 7